VASUDEVA MENON M K Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner while he was serving in the substantive post of a Sub Inspector in the Police Department of the State was promoted on 26-10-1963 as a Circle Inspector. By order, Ext. P2, dated 26-1-1964, the petitioner has been reverted to the post of a Sub Inspector. It is this order Ext. P2 that is challenged in this writ application.

(2.) Counsel on behalf of the petitioner has contended that the order Ext. P2, which is said to have been passed as a result of a selection made by the Promotion Committee constituted for selecting from the Cadre of Sub Inspectors those who are to be promoted as Circle Inspectors, is really against the terms of the Rules that are applicable namely, Rules dated 17-5-1963 relating to the Public Services Police Department Appointments by promotion and transfer. He also contended that there has been violation of Art.311 of the Constitution of India in that the petitioner has really been reduced in rank by way of punishment without affording him a reasonable opportunity of showing cause guaranteed by the Article.

(3.) On behalf of the State, it is urged that there has been no infringement of the Rules, that Art.311 is not attracted and that the order Ext. P2 was passed only because the Promotion Committee did not choose or select the petitioner as one among the Sub Inspectors entitled to be promoted to the Cadre of Circle Inspectors.